03. IP Reports


IP REPORT_MARCH 2016

Court clarifies conditions for including IP licence fees in customs value of imported goods
A September 28 2015 decision by the Florence Tax Court of Appeal – whose grounds were released in January 2016 – established an important principle regarding the relevance of licence fees for IP rights when estimating the customs value of goods manufactured for a licensee by another party outside the European Union.

Facts
The case involved Monnalisa Spa, an Italian clothing company and the Italian licensee for the use of Disney characters on items of apparel, some of which are manufactured in China. The […]

IP REPORT_OCTOBER 2015

Patent Box: new strategies for IP rights management

Patent Box
The Ministry of Economic Development and the Ministry of Economy and Finance recently approved Decree-Law 174/2015, which establishes the rules for implementing the ‘Patent Box’, an optional tax system for income arising from the use of IP rights. The Patent Box system is already applicable to the present fiscal year.

The Patent Box provides tax relief for revenues deriving from the exploitation and assignment of IP rights. Despite its name, the Patent Box applies not only to patents and know-how, but also to […]

IP REPORT_August 2015

Protection of GIs and conflict with trademarks in traditional and online markets

Recent developments in Italian case law

Two important decisions on geographical indications (GIs) have been issued in 2015 that further strengthen the protection of GIs in Italy. However, these decisions also highlight the importance of using the appropriate defence strategies, as the respective outcome largely depended on the claims that the parties presented.

In Decision 2828 (February 12 2015) the Supreme Court of Cassation considered the alleged infringement of the GI ‘Felino’, which refers to a particular kind of salami manufactured in the Parma […]

IP REPORT_May 2015

3D printing and intellectual property – legal approach to technical revolution
Italy Studio IP Law Galli, Milan Brescia Parma Verona

Introduction

IP lawyers are facing problems and opportunities linked to the increasing popularity of three dimensional (3D) printing technology in Italy, especially its key features of being able to be implemented at a low cost and through simple means. These two features lend this new technology to being diffused widely, potentially also for private customers. Diffusion among private clients has already started. In this respect, 3D printing has many points of contact with the infinite possibilities of virtual reproduction […]